Field Preemption
/ˈfiːld priːˌempʃən/
Definitions
- (n.) A doctrine where federal law is deemed to override state law in a particular regulatory field, preventing states from enacting laws in that area.
Field preemption barred the state from regulating immigration, as federal law occupied the field entirely.
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Commentary
Field preemption arises when a federal regulatory scheme is so pervasive that it implies Congress left no room for states to supplement it; drafters should clearly assess congressional intent to determine its applicability.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.